Category: New Hampshire Court Opinions

465 A.2d 1217 JAMES HURLEY v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE DARREL D. LYNCH, JR. v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE No. 82-394Supreme Court of New Hampshire Strafford Decided August 31, 1983 1. Statutes — Construction and Application — Ambiguity When construing an ambiguous statute, the supreme court looks at both the legislative […]

25 A.2d 127 ELMER L. BOURQUE, Conservator v. NICHOLAS STRUSA. No. 3311.Supreme Court of New Hampshire Hillsborough. Decided March 3, 1942. The defendant having first testified that his speed was about twenty miles an hour and that he was “slowing down” but finally admitting on cross-examination that he was “going twenty to twenty-five miles an […]

253 A.2d 828 STATE v. DAVID HEINE. No. 5829.Supreme Court of New Hampshire Cheshire.Argued April 1, 1969. Decided June 3, 1969. 1. An issue as to burden of proof clearly determined at pretrial without objection became the law of the trial. 2. A motion to suppress evidence consisting of marijuana seized pursuant to a search […]

46 A.2d 119 STATE v. FRANK DWIGHT CLAPP. No. 3570.Supreme Court of New Hampshire Hillsborough. Decided March 5, 1946. An indictment which charges the respondent with stealing and carrying away “twenty thousand board feet of lumber of the value of Thirty-Three Dollars and fifty cents per thousand feet, all of the value of Six Hundred […]

185 A.2d 261 EDWARD D. CLANCY v. STATE. No. 5069.Supreme Court of New Hampshire Hillsborough.Argued October 2, 1962. Decided October 31, 1962. 1. In an appeal by the State from an award of damages occasioned by a taking for construction of a highway and transmission lines of part of plaintiff’s property consisting of a dwelling […]

459 A.2d 613 CALEDONIA, INC. v. WILLIAM TRAINOR No. 81-306Supreme Court of New Hampshire Strafford Decided March 24, 1983 1. Evidence — Hearsay — Generally Depositions are within the class of secondary evidence known as hearsay. 2. Evidence — Hearsay — Generally Hearsay is an out-of-court statement offered to prove the truth of the matter […]

407 A.2d 824 THE STATE OF NEW HAMPSHIRE v. DEBORAH GIVNER No. 79-140Supreme Court of New Hampshire Original Decided October 24, 1979 1. Habeas Corpus — Availability of Writ — Custody Custody, and not actual incarceration, is necessary in habeas corpus. 2. Habeas Corpus — Availability of Writ — Custody Where plaintiff had been sentenced […]

26 A.2d 365 EDITH F. PERLEY v. FRANK W. ROBERTS. No. 3327.Supreme Court of New Hampshire Carroll. May 5, 1942. An order for the payment of costs which in effect penalizes a party for exercising his right to transfer his exceptions to the Supreme Court is not within the sound discretion of the Superior Court […]

553 A.2d 758 APPEAL OF CITY OF BERLIN (New Hampshire Air Resources Council) No. 87-224Supreme Court of New Hampshire Air Resources Council Decided December 28, 1988 1. Administrative Law — Judicial Review — Findings Agency findings are deemed prima facie lawful and reasonable, and the supreme court will not sit as a trier of fact […]

620 A.2d 1034 THE STATE OF NEW HAMPSHIRE v. ARCADIO MORALES No. 91-344Supreme Court of New Hampshire Hillsborough Decided February 17, 1993 1. Witnesses — Credibility — Inconsistencies Statements that meet criteria of evidentiary rule governing prior consistent statements are admitted as substantive evidence. N.H. R. EV. 801(d)(1)(B). 2. Witnesses — Credibility — Inconsistencies Evidentiary […]

421 A.2d 1012 NAYLOR PIPE COMPANY v. MURRAY WALTER, INC. AND UNITED STATES FIDELITY AND GUARANTY COMPANY No. 79-404Supreme Court of New Hampshire Merrimack Decided October 27, 1980 1. Bonds — Payment Bonds — Parties Entitled to Payment Where statute required a public works construction bond, the materialman of a subcontractor was protected against nonpayment […]

809 A.2d 1270 Winnacunnet Cooperative School District v. Town of Seabrook No. 2001-434Supreme Court of New Hampshire RockinghamSubmitted July 26, 2002 Opinion Issued November 18, 2002 1. Schools — Generally — Construction of Statutes The 1959 amendments to statutes governing apportionment of costs among member towns permitted a cooperative school district to allocate capital costs […]

399 A.2d 977 MARIE IRENE LEPAGE v. ROLAND L’HEUREUX No. 78-292Supreme Court of New Hampshire Hillsborough Decided March 30, 1979 1. Limitation of Actions — Tolling of Statute — Absence From State Evidence supported finding by trial court that defendant had an abode in New Hampshire where service of process could have been made and […]

684 A.2d 499 THE STATE OF NEW HAMPSHIRE v. RICHARD JANES, JR. No. 94-201Supreme Court of New Hampshire Portsmouth District Court Decided October 24, 1996 Criminal Law — Judgment and Sentence — Multiple Convictions If the defendant does not claim a denial of a constitutional right to appointed counsel in prior DWI conviction, he has […]

525 A.2d 671 APPEAL OF CONCERNED CORPORATORS OF THE PORTSMOUTH SAVINGS BANK (New Hampshire Board of Trust Company Incorporation) No. 86-199Supreme Court of New Hampshire Board of Trust Company Incorporation Decided March 30, 1987 1. Appeal and Error — Standing To Appeal — Particular Cases Corporators of bank had standing to bring action challenging bank’s […]

864 A.2d 382 THE STATE OF NEW HAMPSHIRE v. CHRISTOPHER ROGAN. No. 2003-774.Supreme Court of New Hampshire Belknap.Argued: November 30, 2004. Opinion Issued: January 6, 2005. 1. Evidence — Particular Matters — Opening the Door Doctrine The “opening the door” doctrine applies when one party introduces evidence that provides a justification beyond mere relevance for […]

226 A.2d 787 ARTHUR J. GRIMES v. JOHN A. LABRECK. NINA L. LABRECK v. CLAUDIA A. GRIMES. No. 5532.Supreme Court of New Hampshire Strafford.Argued December 6, 1966. Decided February 24, 1967. 1. In cross actions for damages resulting from a collision between two motor vehicles the evidence warranted the finding that the negligence of both […]

202 A.2d 481 MAINE BONDING CASUALTY COMPANY v. FOUNDATION CONSTRUCTORS, INC. a. No. 5228.Supreme Court of New Hampshire Grafton.Argued May 5, 1964. Decided July 17, 1964. 1. Where a surety bond refers to and is conditioned on the performance of a specific agreement the latter’s terms become a part of the bond and the instruments […]

767 A.2d 396 ALVA McKENZIE a. v. CITY OF BERLIN a. No. 99-094Supreme Court of New Hampshire Coos December 5, 2000 1. Public Employees — Retirement System — Statutes Special legislation did not authorize city to both participate in a State retirement plan and simultaneously enroll some of its employees in a city plan; rather, […]

97 A.2d 202 STATE v. LLOYD H. SKILLINGS. No. 4175.Supreme Court of New Hampshire Strafford. Decided June 2, 1953. In an indictment charging the respondent with larceny of money from the home of an aged person on a particular date, certain evidence of respondent’s lack of funds prior to this occasion and possession of large […]

737 A.2d 1127 QUINN BROTHERS, INC. v. DAVID WHITEHOUSE d/b/a EAST COAST RENT-A-FENCE No. 97-627Supreme Court of New Hampshire Belknap Decided September 8, 1999 1. Conflict of Laws — Contracts — Particular Cases Where parties to dispute concerning construction contract agreed prior to trial that Massachusetts law applied to interpretation of contract, reviewing court would […]

656 A.2d 409 THE STATE OF NEW HAMPSHIRE v. KIMBERLY STERNDALE No. 93-820Supreme Court of New Hampshire Hillsborough-southern judicial district Decided March 23, 1995 1. Search and Seizure — Warrant Requirement; Exceptions — Generally Under the New Hampshire Constitution, all warrantless searches are per se unreasonable, unless they conform to the narrow confines of a […]

64 A.2d 319 STATE v. ARTHUR PARADY a. No. 3816.Supreme Court of New Hampshire Grafton. Decided March 1, 1949. Under the statute of limitations (R. L., c. 427, s. 13) an indictment for grand larceny must be filed or found within six years after the offense is committed. The statute is not tolled by the […]

493 A.2d 1116 THE STATE OF NEW HAMPSHIRE v. BRUCE VANGUILDER No. 84-088Supreme Court of New Hampshire Rockingham Decided April 5, 1985 1. Appeal and Error — Evidence — Tests and Standards On appellate review of a conviction, the evidence must be viewed in the light most favorable to the State, with all reasonable inferences […]

776 A.2d 1253 THE STATE OF NEW HAMPSHIRE v. DARRELL J. FRENCH No. 97-429Supreme Court of New Hampshire Grafton March 7, 2001 1. Indictment and Information — Generally — Variance BetweenAllegations and Proof Although elements of charged offense must be proved beyond a reasonable doubt, immaterial or superfluous allegations contained in an indictment need not […]

888 A.2d 1262 THE STATE OF NEW HAMPSHIRE v. STEVEN GUBITOSI. No. 2004-110.Supreme Court of New Hampshire Belknap. Opinion Issued: December 30, 2005. 1. Bail — Pending Appeal — Generally With respect to defendants who have been released pending appeal, the pendency of the appeal does not divest the superior court of jurisdiction to modify […]

880 A.2d 439 IN THE MATTER OF BAR APPLICANT ADM-2004-176 (Standing Committee on Character and Fitness). No. ADM-2004-176.Supreme Court of New Hampshire Committee on Character and Fitness.Argued: June 22, 2005. Opinion Issued: August 18, 2005. 1. Attorneys — Admission to Practice — Character and Fitness The burden of establishing fitness to practice law rests upon […]

470 A.2d 893 THE STATE OF NEW HAMPSHIRE v. EDWARD D. BERTHIAUME No. 82-124Supreme Court of New Hampshire Sullivan Decided December 16, 1983 1. Constitutional Law — New Hampshire Constitution — Generally When a defendant has invoked the protections of the New Hampshire Constitution, the supreme court will first address those claims. 2. Searches and […]

313 A.2d 736 BRUNELLE ALUMINUM PRODUCTS, INCORPORATED v. ROGER P. CARON AND JANET L. CARON No. 6751Supreme Court of New Hampshire Strafford Decided December 28, 1973 1. Statutory requirement (RSA 399-B:2) that a lender’s credit statement to a borrower set forth in writing the finance charges expressed in dollars was held to be satisfied by […]

32 A.2d 810 ERNEST F. GOLDSMITH v. HOWARD N. KINGSFORD a. No. 3419.Supreme Court of New Hampshire Merrimack. Decided June 1, 1943. On certiorari, a licensing board’s findings of fact as the basis of its orders must be reasonably supported by the evidence. Such bodies are not held to the rules of evidence employed by […]

533 A.2d 375 JAMES W. ROWE, JR. v. JOHN DEERE a. No. 86-441, No. 87-135Supreme Court of New Hampshire U.S. District Court Decided October 15, 1987 1. Limitation of Actions — Discovery of Cause of Injury or Damage — Generally A cause of action will not accrue until the plaintiff discovers or in the exercise […]

480 A.2d 847 THE STATE OF NEW HAMPSHIRE v. FRANCIS A. LOVELY No. 82-583 No. 83-344Supreme Court of New Hampshire Grafton Decided April 9, 1984 1. Sexual Assault — Aggravated Felonious Sexual Assault — Threats of Retaliation In light of the specific types of retaliatory threats proscribed by the aggravated felonious sexual assault provisions of […]

144 A.2d 911 EASTERN TRANSPORTATION CO. a. v. LIBERTY MUTUAL CASUALTY COMPANY a. No. 4667.Supreme Court of New Hampshire Merrimack.Argued September 3, 1958. Decided October 7, 1958. 1. A motor vehicle liability insurance policy provision excluding coverage “while the automobile is used for the towing of any trailer owned or hired by the insured and […]

371 A.2d 458 STATE OF NEW HAMPSHIRE v. LLOYD G. BASINOW No. 7585Supreme Court of New Hampshire Hillsborough Decided February 28, 1977 1. Constitutional Law — Equal Protection Part I, article 14 of the New Hampshire Constitution, entitled “Legal Remedies to be Free, Complete, and Prompt,” is basically an equal protection clause implying that all […]

354 A.2d 409 MARY CROSS v. JOHN LINSKI a. No. 7330Supreme Court of New Hampshire Belknap Decided February 27, 1976 1. The finding of fact that the plaintiff’s letter was never received by the tax collector warranted the denial of the plaintiff’s request for a ruling that the check mailed to the tax collector was […]

559 A.2d 1329 GREAT BAY SCHOOL TRAINING CENTER v. SIMPLEX WIRE AND CABLE COMPANY No. 88-133Supreme Court of New Hampshire Rockingham Decided June 13, 1989 1. Property — Rule Against Perpetuities — Generally The rule against perpetuities provides that no interest in property is Page 683 valid unless it must vest, if at all, not […]

158 A.2d 304 JOHN BENSON, JR. v. BRATTLEBORO RETREAT. No. 4759.Supreme Court of New Hampshire Hillsborough.Argued February 2, 1960. Decided February 29, 1960. ACTION OF TRESPASS, against a foreign corporation, in which the defendant appeared specially and moved to dismiss for lack of jurisdiction over the defendant. The Superior Court (Sullivan, J.), after hearing, granted […]

47 A.2d 416 AMANDA LAVALLEE v. LACONIA NATIONAL BANK. No. 3581.Supreme Court of New Hampshire Belknap. Decided April 2, 1946. Whether justice requires the granting of an amendment to the plaintiff’s declaration and whether the trial shall proceed upon both the original count and the count in amendment thereto are questions of fact for the […]

499 A.2d 1014 THE STATE OF NEW HAMPSHIRE v. ROBERT F. PENN, SR. No. 85-065Supreme Court of New Hampshire Lebanon District Court Grafton County Superior Court Decided October 24, 1985 1. Appeal and Error — Preservation of Questions An exception is not required, to preserve a question for appeal, when it is from an adverse […]

571 A.2d 266 THE STATE OF NEW HAMPSHIRE v. ALVIN THOMPSON No. 89-338Supreme Court of New Hampshire Hillsborough Decided March 8, 1990 1. Searches and Seizures — Knock and Announce Rule — Generally At common law, adopted in New Hampshire as a matter of State law, an officer seeking to gain admission to a private […]

386 A.2d 1264 MAURICE MALTAIS AND CECILE MALTAIS v. NATIONAL GRANGE MUTUAL INSURANCE COMPANY No. 7852Supreme Court of New Hampshire Hillsborough Decided May 9, 1978 1. Contracts — Mutual Mistake — Equitable Relief Equity affords relief when there is mutual mistake in reference to material matter covered by contract, as readily in case of compromise […]

433 A.2d 1257 HAROLD W. CASE v. MARY McDAVID CASE (NOW KELLEY) No. 80-272Supreme Court of New Hampshire Merrimack Decided August 5, 1981 1. Parent and Child — Parental Rights — Constitutional Rights The family and the rights of parents over it are held to be natural, essential, and inherent rights within the meaning of […]

370 A.2d 282 POST ROAD REALTY, INC. v. ZEE-BAR, INC. No. 7508Supreme Court of New Hampshire Grafton Decided February 28, 1977 1. Appeal and Error — Scope of Review — Questions of Fact The only question on appeal relative to a question of fact is whether a reasonable person could find as the master did. […]

495 A.2d 1291 CHRISTY TESSIER, P.A. v. BRUCE PAUL WITTE No. 84-367Supreme Court of New Hampshire Manchester District Court Decided July 1, 1985 1. Constitutional Law — Equal Protection — Public Officials Object of provision in New Hampshire Constitution that every subject is entitled to obtain right and justice freely, without being obliged to purchase […]

317 A.2d 783 STATE OF NEW HAMPSHIRE v. WILLIAM H. O’BRIEN III No. 6785Supreme Court of New Hampshire Strafford Decided March 29, 1974 1. The essential difference between the felony of grand larceny of a motor vehicle and the misdemeanor of joy-riding lies in whether the Page 234 intent of the defendant was to permanently […]

129 A.2d 196 CORA P. HURD a. v. BOSTON MAINE RAILROAD. No. 4504.Supreme Court of New Hampshire Strafford.Argued November 7, 1956. Decided January 31, 1957. In actions against a railroad under R. L., c. 300, ss. 1, 2, a finding of liability in favor of plaintiffs owning property abutting the right of way used by […]

597 A.2d 1078 THE STATE OF NEW HAMPSHIRE v. MICHAEL J. CROTTY No. 90-562Supreme Court of New Hampshire Hillsborough Decided October 9, 1991 1. Arrest — Without Warrant — Reasonable Ground A police officer is authorized to conduct a warrantless arrest whenever he has probable cause to believe that the person to be arrested has […]

697 A.2d 1380 THE STATE OF NEW HAMPSHIRE v. ERIC HARNUM Nos. 95-796, 95-811Supreme Court of New Hampshire Hillsborough-northern judicial district Decided July 18, 1997 1. Criminal Law — Judgment and Sentence — Pretrial Confinement Credit There is generally no federal constitutional right to pretrial confinement credit against the term of a criminal sentence. RSA […]

91 A.2d 461 EUGENE S. DANIELL, JR. v. HUGH GREGG AND ENOCH D. FULLER, Secretary of State. No. 4171.Supreme Court of New Hampshire Original. Decided October 8, 1952. In original equity proceedings in the Supreme Court under R.L., c. 42, s. 27, the court determined upon all the evidence that there was no serious, willful […]

784 A.2d 699 CLARICE NEUMANN v. VILLAGE OF WINNIPESAUKEE TIMESHARE OWNERS’ ASSOCIATION, INC. No. 99-760Supreme Court of New Hampshire Belknap Decided October 29, 2001 1. Condominiums — Condominiums Act of New Hampshire —Applicability Trial court did not err in exempting timeshare owners’ association from application for provision of Condominium Act governing voting at meetings of […]

430 A.2d 169 ALBERT AUCLAIR v. JOHN H. BANCROFT No. 80-208Supreme Court of New Hampshire Belknap Decided May 11, 1981 1. Contracts — Construction — Intent In determining the parties’ intention, the court may properly consider their actions after the contract was executed. 2. Landlord and Tenant — Rent and Lease Agreements — Subleases Where […]

195 A.2d 748 STATE v. RALPH A. CHANCE. No. 5179.Supreme Court of New Hampshire Hillsborough.Argued November 5, 1963. Decided December 3, 1963. 1. In indictments for various felonies and complaints for certain misdemeanors in which respondent was represented by counsel and permitted to personally participate in the trial the findings by the Trial Court that […]

493 A.2d 493 THE STATE OF NEW HAMPSHIRE v. WILLIAM OBER No. 84-440Supreme Court of New Hampshire Hillsborough Decided May 6, 1985 1. Evidence — Polygraph Tests — Admissibility The results of a polygraph test are not admissible as evidence of guilt or innocence in criminal trials. 2. Evidence — Polygraph Tests — Admissibility Since […]

183 A.2d 906 LEWIS B. CHAMBERLAIN v. PALMER LUMBER CO. No. 4994.Supreme Court of New Hampshire Strafford.Argued March 6, 1962. Decided July 16, 1962. 1. In an action for personal injuries sustained in unloading logs from a truck at defendant’s sawmill, the evidence warranted the finding that plaintiff’s injuries were caused by the negligent act […]

489 A.2d 157 THE STATE OF NEW HAMPSHIRE v. HAROLD F. GAMARSH No. 84-344Supreme Court of New Hampshire Hillsborough Decided March 7, 1985 1. Trial — Instructions — Requests A requested charge on a party’s theory of defense must be given if such a theory is supported by some evidence; refusal to charge on that […]